An Overview of National Laws on Products Liability and the Recommendation for a Nigerian Model
23 Pages Posted: 31 Oct 2016
Date Written: July 15, 2016
It is clear that in spite of the common law prescription vide different rules and approaches, and the international efforts at resolving the problems of products liability and conflict of laws, it has been so much motion, but little or no movement. Consequently, this work proceeded to provide a general overview of the laws of products liability in selected countries, like the: United States of America, for the creativity with which its scholars have formulated theories and the ingenuity with which its judges had nurtured the doctrine to its dizzying height; European Union’s adoption of the USA model without its litigation explosion baggage, through the creation of barriers like, the absence of contingency fees approach, the loser pays winner’s attorney fees, discouragement of massive discovery filings, lower damage judgments, non-use of juries in civil cases, and cap on damages actions, in advancing the course of products liability in its member states ; and the impact of EU Products Liability Directives especially in, Latin America, Quebec, and the Asia-Pacific Rim with a view to finding an appropriate model or cocktail for Nigeria.
Keywords: Product Liabilty, National Laws, Conflict Laws and EU Directive 85/374/EEC
JEL Classification: K13
Suggested Citation: Suggested Citation